Grampanchayat Office, Nitrud And Others v. The Collector, Beed And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8399 OF 2013 GRAMPANCHAYAT OFFICE, NITRUD AND OTHERS ..PETITIONERS

VERSUS

THE COLLECTOR, BEED AND OTHERS ..RESPONDENTS ...

Mr. Bhagwan S. Kudale, Advocate for the Petitioners.

Mr. S. P. Tiwari, AGP for Respondents-State.

Mr. A. R. Tapse h/f Mr. P. D. Suryawanshi, Advocate for Respondent No.2.

...

CORAM : S. V. GANGAPURWALA, J.

DATED : 14th JANUARY, 2022.

PER COURT:- 1.

The present petitioners are original defendant nos.4 to 6.

2.

The respondent nos.3 to 9 filed Regular Civil Suit No.7/2011 for declaration and injunction. The present petitioners filed application for setting aside no written statement order. The said application came to be rejected. Aggrieved thereby, the present writ petition. 3.

The respondent nos.3 to 9 are served. None appears for respondent nos.4 to 9, so also none appears for respondent no.3, though the matter was called out twice.

4.

Since 09.10.2013 the Suit before the Trial Court is stayed.

(2) 5.

The petitioners appear to be Grampanchayat and the representatives of the Grampanchayat. The contention was that because some relevant documents were to be collected and that the Gramsevak was transferred, defendants could not file written statement. It also appears that, the plaintiffs had examined two witnesses and thereafter, the application was filed.

6.

It appears that, the present petitioner no.1 is local authority and petitioner nos.2 and 3 are officers of the Local Authority.

7.

The reasons have been given for the delay being caused.

8.

This Court on 09.10.2013 while issuing notice directed petitioners to deposit an amount of Rs.5000/-.

9.

Mr. Kudle, learned counsel submits that, the said amount of Rs.5000/- is deposited with the order of this Court on 25.08.2015. The petitioners have shown their bonafides.

10.

In light of that, I pass the following order:

ORDER

A.

The impugned order is quashed and set aside. The petitioners are permitted to file written statement. The petitioners shall file

(3) written statement within a period of four weeks from today. In case, the petitioners fail to file written statement within a period of four weeks from today, the order granting petitioners leave to file written statement shall stand recalled.

B.

If petitioners file written statement as directed above, the matter shall be proceeded ahead. In that event, plaintiffs are entitled to lead fresh evidence also. The plaintiffs are also entitled to withdraw the amount of Rs.5000/- deposited by petitioners.

11.

Writ Petition is disposed of. No costs.

(S. V. GANGAPURWALA) JUDGE Devendra/January-2022